STATE EX REL. WARD v. BUTLER

No. 89-KP-2665.

551 So.2d 1305 (1989)

STATE ex rel Thomas Lee WARD v. Hilton BUTLER, Warden Louisiana State Penitentiary.

Supreme Court of Louisiana.

November 21, 1989.


Stay order denied. Writ denied.

LEMMON, Justice, concurring.

The anti-sympathy instruction was given in the guilt phase, but was not repeated in the sentencing phase. Moreover, the trial judge instructed the jury on its duty to consider the statutory mitigating circumstances and any other relevant mitigating circumstances, and the prosecutor did not request the jury to insulate itself against sympathy. Compare Parks v. Brown, 860 F.2d...

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